Wrongful Death Monetary Damages

Defining Damages: Compensatory and Punitive

Damages are a monetary award given by a civil court for someone who has suffered at the wrongful action of another.  It is an attempt to compensate for the extent of harm suffered by the victim/plaintiff.  Each state defines what damages may be recovered.

The purpose of damages is to restore the plaintiff back to the position they were in before being harmed.  For the most part, damages awarded are not to punish the defendant but to give the plaintiff some kind of remedy for the situation they now find themselves in.

The two main types of damages are compensatory and punitive.  Compensatory damages are to help restore what a plaintiff has lost as a result of a defendant's wrongful conduct.  Punitive damages are awarded not to compensate but to penalize a defendant for particularly deplorable, wrongful conduct.

Limitations on Recovery of Damages In San Jose

As the laws are set by each state, they can and do vary.  Some states set a limit of money that can be recovered in cases of wrongful deaths.  This limitation is to help deter those wanting to file bogus claims.  If a wrongful death occurs due to the negligence of an employer there are limitations set as well through another set of laws, the workers compensation regulations.  These regulations limit the employer’s liability.

Damages: Wrongful Death and Survival Action

When someone dies from an accident and the relatives and heirs sue for damages this is known as wrongful death.  In the case of an injured individual who has started a lawsuit then dies before the case is settled, the law allows the surviving relatives to continue the suit on their behalf.  This is known as a survival action and is separate from the heirs’ right to sue for wrongful death on their own.

In California, there are a number of differences between wrongful death and survival actions.  First, two separate codes govern each.  Second, the individuals allowed to recover are different and separate.  Third, the types of claims for damages also vary.  Then under wrongful death the purpose of the law is to allow family members to recover damages as well as funeral and burial costs, future support, loss of love, etc.; while the purpose of a survival action is to give the deceased a voice and recover damages to their estate.  This can include medical expenses, loss of earnings, etc.

Brought to you as a service of the San Jose wrongful death lawyers at The Mitchell Law Firm.  Call 866-616-9947 or contact us on our web form.